Legal Question in Family Law in Florida
Husband did not attempt to serve me causing court to declare default
We have been separated for over 1 year. My husband filed for divorce without an attorney in another county, but failed to notify me, telling the court he couldn't find me. We have been in contact during that time, and he had my address. We even signed an agreement for child custody and visitation after he filed without telling me he filed. Now I find on the web that in 3 weeks, he will be granted a divorce by default and complete custody of the children. Can I just show up at the hearing with my proof? I can't afford a lawyer, and legal aid will not help because it's a different county.
1 Answer from Attorneys
Re: Husband did not attempt to serve me causing court to declare default
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then you are instructed to stop here, and do not read any further.
Yes. You should definitely appear and tell the Court exactly what has happened. Lying to the Court has serious implications and could affect the outcome of the case. It will not be taken lightly by the Court.
Scott R. Jay, Esq., 305-249-8000
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